Profile
Surrounding myself with a talented group of self-motivated, extremely knowledgeable and experienced attorneys who focus on their clients’ goals without unnecessary overhead – that’s why I chose to practice at Taylor English.
Dan Brown is an accomplished corporate and health care attorney who regularly advises clients on transactions and the legal and regulatory aspects associated with the operation and sale of health care businesses.
An experienced corporate lawyer, Mr. Brown advises physician practices, diagnostic facilities, sleep centers, DME suppliers and other health care providers in mergers, asset acquisitions and joint ventures. He regularly assists clients on structuring health care business operations and maintaining regulatory compliance. He is a frequent speaker and author on the legal aspects of sleep medicine, home medical equipment and other health law matters.
Mr. Brown is treasurer and a member of the Executive Committee of the National Sleep Foundation in Washington, DC.
Mr. Brown authored the chapter "Legal Implications of Sleep Apnea" as part of the treatise "Obstructive Sleep Apnea: Diagnosis and Treatment," edited by Dr. Clete Kushida of the Stanford University School of Medicine. Mr. Brown is also on the faculty of the Atlanta School of Sleep Medicine & Technology, where he lectures on the legal aspects of sleep medicine and sleep lab operations.
In 2004, Mr. Brown published "Sleep Lab Compliance and the Law," a multivolume publication addressing the licensing, staffing and joint venturing of sleep labs and the dispensing of continuous positive airway pressure (CPAP) and other medical device therapies. He is a member of the Editorial Advisory Board and a frequent contributor to Sleep Review magazine.
Memberships
National Sleep Foundation, Director and Treasurer, 2009-2017
American Academy of Sleep Medicine, Member
American Health Lawyers Association, Member
Sleep Review magazine, Editorial Advisory Board
The Atlanta School of Sleep Medicine & Technology, Faculty
Georgia State Bar, Health Law Section
Practice Highlights
Experience
Represented a Texas compounding pharmacy before state regulators seeking onerous financial penalties. Negotiated a settlement with regulators for a penalty one-tenth of the amount originally assessed.
Represented a holding company’s roll-up of eight durable medical equipment suppliers into a highly respected and profitable multi-state medical equipment brand. Advised the enterprise on regulatory and operational matters during its lifetime and represented the client in the sale of its business to a national medical equipment supplier for a healthy multiple, helping our clients to achieve their exit strategy goal in less than seven years.
In 2008 Medicare published for comment the proposed “Affiliation Rule” which would prohibit all affiliations among Medicare providers of sleep tests with the Medicare supplier of CPAP therapy. A consortium of regional sleep lab and sleep therapy equipment suppliers asked for leadership in seeking redress from the proposed to rule. We gave structure to the consortium, prepared written comments and met with the Medicare policy chiefs tasked with ...
Represented physician, physician practices and owners of diagnostic testing facilities in the sale of their business to hospital systems.
Advised physician practice in the development and regulatory requirements for establishing a rural multi-specialty and diagnostic testing practice.
Successfully challenged Medicare’s demand for overpayment against a chain of Louisiana sleep labs.
Newsroom
Speaking Engagements
- October 25, 2017
- October 25, 2017
- April 28, 2016
- April 21, 2016
- March 17, 2016
- March 3, 2016
- October 28, 2015
- "Faculty," Atlanta School of Sleep Medicine & Technology2007-present
- March 6, 2015
- February 5, 2015
- "Legal Hurdles in Establishing Dental Sleep Medicine Models," American Academy of Dental Sleep MedicineOctober 19, 2014
- "Regulatory Updates in Sleep Medicine – California," California Sleep SocietyOctober 11, 2014
- "Regulatory Updates in Sleep Medicine," Louisiana Academy of Sleep MedicineOctober 10, 2014
- "Legal Aspects of Owning and Operating a Dental Sleep Medicine Program," Academy of Clinical Sleep Disorders DisciplinesSeptember 20, 2014
- "Regulatory Update in Sleep Medicine," Georgia Association of Sleep ProfessionalsApril 26, 2014
- "Sleep Services Mergers, Acquisitions & Management Contracting," The Business of SleepOctober 30, 2013
- "2013-2014 Legal Update: Third Party Contracting & DME," The Business of SleepOctober 30, 2013
- "Legal Considerations, Advances in Sleep Technology: Developing and Implementing a Sleep DME Practice," American Academy of Sleep TechnologyOctober 26, 2013
- "Narcolepsy and Disability Law," Narcolepsy Network’s 28th Annual ConferenceOctober 19, 2013
- "Legal and Regulatory Aspects of DME Joint Ventures with Hospitals and Health Care Systems," Medtrade (International Home Medical Equipment Trade Show)October 8, 2013
- "Coordinating PAP Therapy with Sleep Testing in the Age of Competitive Bidding and Home Tests," Georgia Association of Medical Equipment SuppliersAugust 26, 2013
- "Dispensing PAP – Legal Update," Northwest Ohio-Southeast Michigan Sleep SocietyMay 3, 2013
- "Sleep Medicine – 2013 Legal Update," Georgia Association of Sleep ProfessionalsApril 20, 2013
- "Wedding DME to Sleep Testing," Medgroup WebinarMarch 21, 2013
- "CPAP Clinic: Regulatory and Legal Update on Co-Locating PAP in Sleep Labs and Re-Supply Business," MedtradeMarch 20, 2013
- "Embracing the Business of Sleep: Legal Aspects of Performing and Billing Sleep DME in 2012," MedtradeOctober 15, 2012
- "2012 Legal Review," Georgia Association of Sleep ProfessionalsApril 28, 2012
- "Legal Obligations of Non-Physician Practitioners in Sleep Medicine," The Atlanta School of Sleep Medicine & TechnologyMarch 2012
- "Recap of Georgia Respiratory Therapy Rules for PAP Set-Up in the Home," Georgia Association of Medical Equipment SuppliersJanuary 2012
- "Legal Aspects of Performing and Billing Sleep Services," World Health Care Conference Leadership SummitOctober 19, 2011
- "Medicare: How to Step In It and Take Reimbursement Out of It," California Sleep SocietyOctober 2, 2011
- "Weighing the Puzzle Pieces: Sleep Medicine Delivery in the Physician Office, IDTF and the Hospital Settings," American Academy of Sleep Medicine Business of Sleep Medicine ConferenceFebruary 2011
- "Walking the Tightrope Together: Structuring and Valuing Hospital-Physician Ventures," Medical Group Management Association 2010 Annual MeetingOctober 2010
- "2009 Regulatory and Reimbursement Update," Georgia Association of Sleep Professionals Annual MeetingOctober 2010
- "Buckle Up, Legal Turbulence Ahead," MED Group Respiratory Leadership SummitApril 2010
- "Law of the Land and Sleep Medicine," Georgia Association of Sleep Professionals Annual MeetingMarch 2010
- "Legal Aspects of Sleep Medicine for Nurse Practitioners and Physician Assistants," The Atlanta School of Sleep Medicine & TechnologyOctober 2009
- "Reimbursement Update," ResMed Key Opinion LeadersJune 2009
- "Legal Aspects of Sleep Therapy – 2009 Update," Fisher Paykel Key Opinion Leaders SummitMay 2009
- "Legal Update 2009," National Sleep Foundation Sleep Care Leadership SummitMarch 2009
- "Enforcement of HIPAA Privacy Rules Seminar," Lorman Education ServicesJanuary 2009
- "2009 Legal Update – Sleep Lab Operations," Sleep Center Management Institute SeminarJanuary 2009
- "Legal Aspects of Sleep Services," Kentucky Sleep SocietyNovember 2005-2008
- "Legal Aspects of Sleep Services and Sleep Therapy," The Atlanta School of Sleep Medicine & TechnologyNovember 2005-2008, January and October 2004
- "The Dozen Details for Selling your Sleep Lab," Sleep Center Management Institute SeminarApril 2008
- "Legal Aspects of Sleep Therapy 2008," ResMed Inc. Key Opinion Leaders SummitMarch 2008
Publications
- Contributing Author, "2010 Health Care Reform Resource Guide," "Fraud and Abuse Under the Health Reform Act," American Health Lawyers Association, June 2010
- "Patient Direct Home Testing," Sleep Review, April 2013
- Contributor, "The Quest For Interoperable Electronic Health Records: A Guide To Legal Issues In Establishing Health Information Networks," American Health Lawyers Association, July 2005
- "For Sale – Your Sleep Lab?" Sleep Review, January-February 2008
- "When the Payor Takes Control – Sleep Medicine in 2012," Sleep Review, January-February 2012
- "Sleep Medicine Practice Adaptations," with Dr. Marc Raphaelson, FAAN, FAASM, Neurology® Clinical Practice, 4, 1, (February 2014): 63
- "Ratting on the Competition," Fraud and Abuse Review, Sleep Review, May-June 2006
- "Steering Sleep into the Next Decade," Sleep Review, March 2011
- "Home Testing Demystification," Sleep Review, March 2010
- "Sleep Lab Compliance and the Law," Sleep Center Management Institute, 2004; Rev. 6th Ed. 2009
- "Legal Aspects of Sleep-Related Breathing Disorders," Brown D.B. In: Kushida, Clete (ed.), The Encyclopedia of Sleep, vol. 3, Academic Press, (2013): pp. 576-579
- "Professional Liability in Sleep Medicine," Sleep Review, June 2005
- "Legal Implications of Sleep Apnea," Obstructive Sleep Apnea: Diagnosis and Treatment, Kushida, Clete (ed.), Informa Healthcare, 2007
- "Taking a Bite into Oral Appliance Therapy," Sleep Review, July-August 2011
- "Staying on Top of Reimbursement," Advance for Managers in Respiratory Care, January 2005
- "Answers to Questionable PSG Billing Report Released by the OIG," Sleep Review, October 2013
- "The Price of Quality Assurance," Advance for Managers in Respiratory Care, April 2006
- "Size Matters: Antitrust Warning Signs In Anesthesia Group and Pain Group Mergers," Communique, Winter 2011
- "Reimbursement, RACs, and Risks," Sleep Review, June 2009
- "Tracking Legal Trends in Sleep Services Delivery in 2013," Sleep Review, January-February 2013
- "Sleep Telemedicine Legal Tips and Traps," Sleep Review, September 30, 2014
- "Nine Legal Issues to Consider When Setting Up a Freelance Scoring Service," Sleep Review, January-February 2007
- "Building a Niche – Growth Opportunities in Sleep Medicine," Sleep Review, June 2011
- "Trends in Medicare Reimbursement," Sleep ReviewSeptember 2004
Headlines
News Releases
- December 3, 2020
- December 5, 2019
- December 6, 2018
- March 24, 2015
Alerts
Services
Education
The University of Tennessee College of Law, JD, with honors, 1984
Vanderbilt University, BA, cum laude, 1980
- W.K. McClure Fellowship for World Affairs, 1983
Santa Clara University School of Law, The University of Tokyo Summer Law Program, 1982
Bar Admissions
Georgia
Tennessee
Accolades
AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
Georgia Trend's Legal Elite, Healthcare Law, 2018 - 2020
ALM and Martindale-Hubbell, Georgia Top Rated Lawyers in Health Law, 2013-2014
Recognized in “Dealmakers,” Atlanta Business Chronicle, 2009